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Home My WebLink About2009-08-18 MPCA Public NoticeATTIC: LIBRARIANS AND POSTMASTERS P Y . i, A RR PO .qT THIS IS AN OFFICIAL REQUEST FROM T ' -: NNESOTA POLLUTION. C ONTROL AGENCY O. THAT YOU POST THIS NOTICE-IN YOUR BUILDING, IRA LOCATION- CONSP.I -C_ OVS J IBIS -`. T ' -- - - PUBLIC NOTICE REGARDING THE REISSUANCE OF A SOLID WASTE FACILITY PERMIT Public Notice Number: 09 -Sw -2121 Public Notice Issued On: August 1 S, 2009 Last Day to Submlt Comments: September 17, 2009 N ame and Add ress of .Applicant: oel Energy 414 Nicollet Ave. M P -7 M inneapolis, MN 55401 BRIEF DESCRIPTIO Manic and Location of Facilities. A& King Transfer Station 1103 King Plant Road Bayport, MN 55003 cel Energy ( cel) owns and operates the A.S. King Electrical Power Generation Plant (A.S. King Plant) located in Bayport, Minnesota. Xcel has applied for a permit (proposed permit member SW-647) to construct and operate a Solid waste Transfer Station at the A.S. King Plant, The proposed transfer station, is located within the central part of the A�S. King facilities. The transfer station will facilitate disposal and beneficial use by providing; a temporary storage and staging area for conditioning the ash •and mininlizing truer traffic cons istent with the city of O Park Heights Conditional Use Permit (d 3 gays per week and not on weekends). The capacity of the transfer station is a maximum of 500 cubic yards. Frilis pert does not authorize the operation of a landfill: or a hazardous waste disposal facility. After the 30 day comment period of this public notice is completed, if the proposed Permit is 'lot contested and subsequently denied by the MP CA Citizens' Beard (Board), the MPCA. proposes to issue it for a five year tern, MPCA staff contact: 1�obert Criswell M innesota Pollution Control Agency Industr al Division, 4t" Fl 520 Lafaygtte Road North St, Paul, Minnesota 5155 -4194 651-757-2296 18 of 51 NOTICE: cel ;energy ( cel) owns and operates the A.S. King Electrical power Generation Plant (A.S. King Plant) located in Bayport, Minnesota. Xcel has applied for a permit (proposed permit number SW-647) to construct and operate a Solid waste Transfer Station at the A..S. King Plant. The proposed transfer station is located within the central part of the A.S. King facilities. The transfer station will facilitate disposal and beneficial use by providing a temporaiT storage and staging area for conditioning the ash and minimizing truck traffic consistent with the city of Oak Park Heights Conditional Use ?ennit (disposal 3 days per week and not on weekends). The capacity of the transfer station is a maximum of 500 cubic yards. Background: The A.S. King Plant was modified in 2005 as part of the Metro Emissions Reduction Program (MERP) and has been operating under the MERP requirements since 2007, The MERP modifications included the use of low sulfur, sub-bituminous coal and the related air pollution control tethilology which generate a solid waste residue. The residue, Spray Dryer Absorber (S'DA), ash is currently collected dry and conditioned with water prior to disposal at the A.S. King .Ash Disposal Facility (Moelter Pit) consistent with the requirements of MPCA Permit No, SW-54. Over the last 18 months of operation under MERP requirements, Xcel has also identified a need to Facilitate inanagement of the following additional wastes: Fly ash cleaned from plant, equipment from periodic maintenance, including flue gas duct cleanings. 4 Fly ash captured In the bag house not used in the scrubbing operations. a Line slurry generated from the operation of the scrubbers which periodically needs to be removed. d Dredge solids that accumulate in the process water ponds. Coal contaminated soils. J "hose other wastes account for about 400 to 500 tons (approximately cubic yards) per inoilth and will be part of the waste stream that is brought to the transfer station before leaving Xcel property. Prohibited wastes: This p ermit does not authorize the construction or operation of an industrial or municipal solid waste landfill and it does not authorize the applicant to receive or process wastes determined to be hazardous in accordance with the U.S. Environmental Protection Agency (EPA) .Hazardous waste Regulations and MPCA. Hazardous waste Rules. The applicant: shall handle and/or dispose of these types of waste ill accordance with Minnesota laws and rules and EPA Hazardous 'Taste Regulations and MPCA. Hazardous Waste Rules and is required to obtain separate permits f6r these activities. After review of application materials, the Commissioner of the MICA. has made a preliminary determination to approve the application and issue the permit, The MPCA has developed a draft permit. The MICA. will nail a copy of the draft permit to an interested person upon request to the M:PCA. staff contact or the A nformation is also available for review on the MPCA. web site at www.pca.state.nIn.us /news. The file with regard - to this including all comments received, will be. available for inspection between the lours of 5:00 a.m. and 3:00 p,in, at the MPCA`s office located at 520 Lafayette Road North, St. Paul, Mijixlesota 55155. The MPCA will make copies from this file upon request, There is a charge for copy 19 of 51 orders p g reater than twenty a ges. T arrange a time to review the file contact the MPCA staff contact. 'f`o or copies, contact Christine Malec at 615 - '757 -2548. request information regarding charges f The procedures that the MPCA. will follow with regard to this permit application are set forth in its l operating and procedural rules, Minn. R. chs. 7000 and 7001. Copies of these rules are avail p g able on p . htt ;I /www ca. state . mii.us /rulesregs /index.htiu l at most. local libraries, and by re quests directed to the p MPCA. The MPCA strongly recommends that interested persons review these rules. COMMENTS SOLICITED Y this Notice interested persons are invited to submit comments to the MPCA on the pending application. if this a lication co��cerr s z odx cation cf an e isting permit comments gill only be considered regarding pp the p ortion of the permit that is proposed to be modified. To ensure considerati p on, coMments must be p received by the last day to submit comments identified above, and should include the following A. A statement of the p erson's interest in the permit application or the draft permit. B, A statement of the action the person wislIes the g gency to tale; including specific ref erences to sections of the draft permit that the person believes should be changed. c. + -rile reasons suppor the person's position, stated with sufficient specificity as to allow the Commissioner to investigate the merits of the person's positi011s, Any submissions should display the public notice number, 09-SW-2121, next to the address on envelope and on each �' g a e of an submitted comments, and include a return mailing address and telephone number. p The MPCA will consider all comments received during the comment period and may modify the proposed pert based on those comments. C011111jents received by the MPCA in response to this ljotice will be made part of the public record with regard to this permit. REQUESTS FOR PUBLIC INFORMATIONAL MEETING, CONTESTED CASE HEARING, AND /OR MPCA CITIZENS' BOARD CONSIDERA'T'ION 1. jj hj*c 111fo rillational Meetin . A public informational meeting is an 111formal meeting during which interested persons can ask questions colicerllingy the proposed facility. MPCA staff will be present to provide information. if an interested person would like the MPCA to hold a public informational i neeting, the person should include all information identified above under the section. of this Notice titled, person Solicited" and should in addition include: ,A, A statement of the reasons the per son desire the agency to hold a public in formational ineetiilg� B. The issues that the person would li1w the agency to address at the public informational meeting. The C IIIissiojjer of the MPCA will hold a public informational meeting if the Commissioner [or the Board] determines that a p ublic info • uatio� al �a eeting would heap clarify and resolve issues 1•egardillg ., � .ex•�r�s of the draft permit, the Commissioner's preliminary determination to issue the permit or the t p If a p ublic informational meeting will be held, notice will be published as required under Minn. R, 7001,0120. Comments received frorn the public during the njeeting will be considered by the MPCA. 20 of 51 Contested Case Hearin. A contested ease hearing is a formal proceeding before an administrative law judge empowered to advise the MPCA regarding issues of fact. Interested persons may petition the MPCA to hold a contested case hearing on this proposed permit. To be timely, a request for a contested case hearing on a permit must be received during Me public comment perlod established by this Notice. The rules of the MPCA. establish what must be included in a petition for a contested case hearing, and the standard that the MPCA will apply in determining, whether that petition should be granted. See Minn. R. 7000.1.800-1900, The MPCA strongly reconimends that persons petitioning for a contested case hearing review, the rules before submitting a petition. if a petition for a contested case hearing is received, the Board will consider the issuance of the permit and whether the petition for the contested case should be granted. MPCA Citizens' Boni'd Consider +ation Interested persons may petition the board to consider this permit by asking the Commissioner to place the matter on the Board meeting agenda, or by asking a Board inember to request that the Commissioner place the inatter on a Board niecting agenda. To be timely, a Petition must be served by mail at least 24 days before the meeting during which a petition would like the matter to be , considered, or by personal service or facsimile at least 21 days before the- ineeting. See Minn. R. 700U650. The Board will consider the matter if'requested by a Board member. Names and addresses of Board members' are available at littp: / /www.pca. state. iiin.us /aboui /board /index.htin I. The Commissioner may deny a request to place a natter on the Board meeting agenda, but must inform the Board inernbers of that decision. PERMIT ISSUANCE If there are no requests for a public informational meeting, contested case hearing, or Board consideration, the MICA Commissioner will make the final decision on the propose( ( ,l permit. Persons who have submitted comments during the comment period will be notified of the Commissioner's decision. 21 of 51